Zackary	J.	Tempesco

1133	Whitner	Rd

Reading,	PA	19605

zack@photobatic.com

610-207-9354

20	May	2015

Administrator	

Federal	Aviation	Administration	

U.	S.	Department	of	Transportation	

Docket	Management	System	

1200	New	Jersey	Ave.,	SE	

Washington,	DC	20590	

Re:	Exemption	Request	under	Section	333	of	the	FAA	Reform	Act	and	Part	11	of	the	Federal	Aviation	

Regulations	from	certain	parts	of	the	FARs.	

Dear	Administrator:	

Pursuant	to	Section	333	of	the	FAA	Modernization	and	Reform	Act	of	2012	(the	Reform	Act)	and	14	C.F.R.	

Part	11,	Zackary	Tempesco,	a	professional	photographer	and	Licensed	Aviator,	hereby	applies	for	an	

exemption	from	the	listed	Federal	Aviation	Regulations	(“FARs”)	to	allow	him	to	operate	a	small	

Unmanned	Aircraft	System	(“sUAS”)	under	the	conditions	and	limitations	set	forth	in	this	Petition.	

The	requested	exemption	would	permit	the	operation	of	small,	unmanned	and	relatively	inexpensive	

sUAS	under	controlled	conditions	in	airspace	that	is	(1)	limited,	(2)	predetermined,	and	(3)	would	

provide	safety	enhancements	to	the	already	safe	news	gathering	operations	presently	using	manned	

helicopters	and	airplanes	in	Reading,	PA	and	surrounding	areas.	Approval	of	this	exemption	would	

thereby	enhance	safety	and	fulfill	the	FAA	Administrator’s	responsibilities	to	“...establish	requirements	

for	the	safe	operation	of	such	aircraft	systems	in	the	national	airspace	system.”	Section	333(c)	of	the	

Reform	Act.	

The	name	and	address	of	the	applicant	is:	

Zackary	Tempesco

1133	Whitner	Rd

Reading,	PA	19605

610-207-9354

zack@photobatic.com

FAA	License	#3077185

Commercial	Pilot	for	Single	Engine	Land	Aircraft	with	Instrument	rating	

Certified	Flight	Instructor	for	Single	Engine	Land	Aircraft

Currently	logged	over	750	hours
Regulations	from	which	the	exemption	is	requested:	

14	CFR	Part	21	

14	C.F.R.	§	45.23(b)	

14	CFR	§	61.3	

14	C.F.R.	§	91.7	(a)	

14	CFR	§	91.9	(b)	(2)	

14	C.F.R.	§	91.103	

14	C.F.R.	§	91.109	

14	C.F.	R.	§	91.119	

14	C.F.R.	§	91.121	

14	CFR	§	91.151	(a)	

14	CFR	§	91.203	(a)	&	(b)	

14	CFR	§	91.205(b)	

14	CFR	§	91.215	

14	CFR	§	91.405	(a)	

14	CFR	§	407	(a)	(1)	

14	CFR	§	409	(a)	(2)	

14	CFR	§	417	(a)	&	(b)	3	

The	Appendix	describes	the	FARs	from	which	an	exemption	is	requested	and	summarizes	the	

justification	for	each	requested	exemption.		

The	Petition	is	submitted	to	fulfill	Congress’	goal	under	Section	333(a)	through	(c)	of	the	Reform	Act,	

which	directs	the Secretary	of	Transportation	to	consider	whether	certain	unmanned	aircraft	systems	

may	operate	safely	in	the	national	airspace	system	(NAS)	before	completion	of	the	rulemaking	required	

under	Section	332	of	the	Reform	Act.	In	making	this	determination,	the	Administrator	must	determine	

which	types	of	UASs	do	not	create	a	hazard	to	users	of	the	NAS	or	the	public	or	pose	a	threat	to	national	

security	in	light	of	the	following:	

•	The	UAS’s	size,	weight,	speed,	and	operational	capability;	

•	Operation	of	the	UAS	in	close	proximity	to	airports	and	populated	areas;	and	

•	Operation	of	the	UAS	within	visual	line	of	sight	of	the	operator.	

Reform	Act	§	333	(a).	

If	the	Adminstrator	determines	that	such	vehicles	“may	operate	safely	in	the	national	airspace	system,	

the	Secretary	shall	establish	requirements	for	the	safe	operation	of	such	aircraft	in	the	national	airspace	

system.”	Id.	§	333(c)	(emphasis	added).	The	Secretary	has	delegated	his	aviation	authority	to	the	

Administrator	of	the	FAA.	

The	Federal	Aviation	Act	expressly	grants	the	FAA	the	authority	to	grant	exemptions	from	its	regulatory	

requirements	for	civil	aircraft,	a	term	defined	under	§40101	of	the	Act,	which	includes	sUASs.	The	

Administrator	may	grant	an	exemption	from	a	requirement	of	a	regulation	prescribed	under	subsection	

(a)	or	(b)	of	this	section	or	any	sections	44702-44716	of	the	Federal	Aviation	Act	if	Administrator	finds	

the	exemption	in	the	public	interest.	49	U.S.C.	§	44701(f)	See	also	49	USC	§	44711(a);	49	USC	§	44704;	14	

CFR	§91.203	(a)	(1).	

The	petitioner	is	a	professional	photographer	and	licensed	aviator.	He	takes	traditional	aerial	

photography	now	and	sells	the	photography	to	commercial	businesses,	homeowners	and	construction	

companies.	Using	small	UAVs	would	help	him	stay	competitive in	the	market	and	reduce	cost.	It	would	

also	provide	a	safer	means	of	photography	for	some	locations.	He	has	been	advised	by	counsel	that	this	is	

not	now	permissible	unless	he	obtains	special	permission	from	the	FAA.	Many	competitors	of	Petitioner	
are	actively	flying	sUAS	to	conduct	aerial	photography	for	commercial	purposes,	notwithstanding	the	

FAA’s	stated	prohibition.	He	also	notes	and	has	read	the	congressional	mandate	in	sections	332	and	333	

of	the	FAA	Revitalization	and	Reform	Act	of	2012	that	the	FAA	move	quickly	to	accommodate	the	

economic	and	societal	benefits	that	can	result	from	widespread	deployment	of	sUAS	technology.	

Accordingly,	Petitioner	applies	for	authorization	under	the	Federal	Aviation	Act,	and	the	FARs	rules	to	

undertake	the	following	activities	for	commercial	purposes.	Unless	the	Petition	is	granted,	Petitioner	will	

be	at	a	significant	competitive	advantage	if	he,	as	he	prefers,	complies	with	FAA	policy.	

Vehicle	

The	Petitioner	will	fly	a	Blade	Qx3 equipped	with	a	three-axis	gimbal	and	GoPro	camera.	 This	vehicle	has	

built	in	capability	to	limit	the	height	it	flies	above	the	ground,	to	limit	the	radius	of	the	distance	it	flies	

from	the	operator,	and	to	exclude	it	from	class	B,	C, and	D	airspace.	The vehicle	also	has	the	built-in	

capability	to	return	to	the	launching	point	if	the	wireless	control	link	is	interrupted	or	if	the	operator	

attempts	to	exceed	any	of	the	height,	radius,	or	airspace	limitations	programmed	into	it.	

The	vehicle	weighs	about	five	pounds	empty	and	has	a	maximum	gross	weight	of	approximately	twenty	

pounds.	It	has	a	top	speed	of	about	30	knots.	It	has	four	fixed-pitch	rotors,	thrust	from	which	is	varied	by	

changing	RPM.	It	is	powered	by	a	lithium	polymer	battery.	

Flight	profiles	

The	petitioner	will	program	the	Blade	Qx3 so	that	it	will	not	fly	above	400	feet	above	ground	level,	or	

more	than	1500	feet	away	from	him.	He	will	carefully	preflight	the	vehicle	before	each	mission	to	assure	

that	its	compass	and	GPS	system	are	properly	calibrated	and	that	the	return-to-home	feature,	altitude,	

and	radius	limitations	work.	

He	will	operate	it	on	aerial	photography	missions	only	in	the	early	morning	hours	and	other	times	when	

few	people	are	out	and	about.	He	will	operate	it	only	over	largely	unpopulated	areas	where	the	potential	

of	uncontrolled	descent	to	cause	injury	or	damage	is	low.

He	will	not	operate	it	in	controlled	airspace.	In	the	unlikely	event	that	a	manned	aircraft	flies	below	400	

feet	AGL	where	the	petitioners	operating	his	Blade	Qx3,	he	will	keep	both	the	vehicle	and	manned	

aircraft	in	sight	and	avoid	the	manned	aircraft.	

More	particularly,	the	Petitioner	will	fly	only	over	the	following	types	of	areas:

- Over	open	water	in	marinas,	anchorages,	and	rivers

- Over	lines	of	railroad	and	rail	classification	yards	

- Over	expressways	

- Over	nonresidential	and	noncommercial	large-scale	industrial	areas	

- Over	private	property	when	he	has	been	commissioned	by	the	person	in	legal	possession	of	the	

property	to	do	so	

The	Petitioner's	proposed	operations	satisfy	the	criteria	provided	in	Section	333	of	the	Reform	Act	

relating	to	size,	weight,	speed,	operating	capabilities,	proximity	to	airports	and	populated	areas	and	

operation	within	visual	line	of	sight	and	national	security.	The	Petition	justifies	grant	of	the	requested	

exemptions	allow	the	Petitioner	to	obtain	aerial	photography	with	his	small	remote	controlled	UAV.

Respectfully	submitted,	

Zackary	J	Tempesco
Appendix	FAR	section	 Subject	 Justification	

14	CFR	§	45.23(b)	 Requirement	to	display	

registration	number	on	

vehicle	

Insufficient	space	on	vehicle	

14	CFR	Part	21	 Aircraft	certification	

requirements	and	procedures	

Designed	for	manned	aircraft;	

not	suitable	for	off-the-shelf	

sUAS	

14	CFR	§	61.3	 Requirement	for	pilot	

certificate	

Part	61	requirements	

designed	for	manned	aircraft,	

not	sUAS;	petition	describes	

training	for	sUAS	operator	

14	CFR	§	91.7	(a)	 Airworthiness	requirement	 Designed	for	manned	aircraft;	

not	suitable	for	off-the-shelf	

sUAS

14	CFR	§	91.9	(b)	(2)	 Requirement	for	manual	to	be	

available	in	the	cockpit	

No	one	aboard	to	read	manual	

14	CFR	§	91.103(b)	 Requirement	for	crew	

members	to	be	onboard	

Unmanned	vehicle	

14	CFR	§	91.109	 Requirement	for	dual	controls	

during	flight	instruction	

No	one	aboard	to	operate	

controls	

14	CFR	§	91.119	 Minimum	altitudes	for	safe	

flight	

Safety	requires	operation	

below	these	altitudes	

14	CFR	§	91.121	 Altimeter	settings	 No	one	aboard	to	read	

altimeter	

14	CFR	§	91.151(a)	 Fuel	requirements	 Vehicle	does	not	use	fuel	

14	CFR	§	91.203	(a)	&	(b)	 Requirement	for	registration	

and	airworthiness	certificates	

to	be	onboard	

No	one	aboard	to	read	

certificates	

14	CFR	§	91.205(b)	 Cockpit	instruments	 No	one	aboard	to	read